Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to preempt a state statute of repose for actions brought under state law for personal injury or property damages caused from or contributed to by exposure to any hazardous substance, pollutant, or contaminant, if the state statute provides a commencement date that is earlier than the federally required commencement date. (Currently, CERCLA preempts state statutes of limitations, which limit the amount of time a lawsuit can commence from the time the contamination is discovered. The Supreme Court ruled in CTS Corp. v. Waldburger that North Carolina's statute of repose was not preempted by CERCLA. That statute of repose limits the amount of time a lawsuit can commence to 10 years from the defendant's last action, regardless of when the contamination is discovered.)
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4993 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 4993
To clarify the effect of State statutes of repose on the required
commencement date for actions under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 26, 2014
Mr. Butterfield (for himself, Mr. Waxman, Mr. Tonko, and Mr. Dingell)
introduced the following bill; which was referred to the Committee on
Energy and Commerce, and in addition to the Committees on
Transportation and Infrastructure and the Judiciary, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To clarify the effect of State statutes of repose on the required
commencement date for actions under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. ACTIONS UNDER STATE LAW FOR DAMAGES FROM EXPOSURE TO
HAZARDOUS SUBSTANCES.
Section 309 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9658) is amended--
(1) in the subsection heading of subsection (a), by
inserting ``and Repose'' after ``Statutes of Limitations''; and
(2) by inserting ``or repose'' after ``limitations'' each
of the other places it appears.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Transportation and Infrastructure, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Transportation and Infrastructure, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Transportation and Infrastructure, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Water Resources and Environment.
Referred to the Subcommittee on the Constitution and Civil Justice.
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